Legal Opinion
Neff v. Commonwealth
Court of Appeals of Virginia
Decided September 10, 2002No. 1145011PublishedCited by 10 opinions
1Opinion of the Court
CLEMENTS, Judge.
Barry Francis Neff, Jr., was indicted and convicted in a bench trial of driving under the influence, second offense, in violation of Code §§ 18.2-266 .and 18.2-270. On appeal, he contends the trial court erred in denying his motion to quash the indictment because the doctrines of double jeopardy and res judicata barred the indictment and its prosecution. For the reasons that follow, we find no error and affirm Neffs conviction.
I. BACKGROUND
On October 19, 2000, Neff was convicted in the general district court of driving under the influence (DUI). He noted his appeal to the…
2Cases cited16 opinions
- Bates v. DeversSupreme Court of Virginia · 1974
- Cantrell v. CommonwealthCourt of Appeals of Virginia · 1988
- Turner v. CommonwealthSupreme Court of Virginia · 1980
- Timbers v. CommonwealthCourt of Appeals of Virginia · 1998
- Patterson v. SaundersSupreme Court of Virginia · 1953
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3Cited by10 opinions
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- Park Royal Galleries, Ltd. v. Auctioneers BoardCourt of Appeals of Virginia · 2004
- Carmella Sharp v. Keith SharpCourt of Appeals of Virginia · 2010
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